MANILA, Philippines — Film director Daryl Yap has been indicted of cyber libel by a Muntinlupa prosecutor over the teaser for his movie, "Rapists of Pepsi Paloma."
In the information dated March 17, the prosecutor filed two counts of cyber libel against Yap, stating that there is prima facie evidence with reasonable certainty of conviction related to the publication of the movie's teaser.
"In charging Yap, the prosecutor stated that the filmmaker's actions accused actor Vic Sotto of a crime against the late actress Pepsi Paloma, which allegedly subjected Sotto to public contempt and damaged his reputation.
"Thus, attributing or ascribing to the latter the commission of the crime against deceased actress Pepsi Paloma, or that said complainant was a rapist,thereby exposing the latter to public contempt, hatred, dishonor or ridicule or causing the latter's reputation to be tarnished, to the damage and prejudice of said Marvic 'Vic' Sotto y Castelo," the information read.
The case stemmed from a teaser released on January 1, which branded Sotto as a rapist.
Sotto filed complaints against the director on January 9, seeking 19 counts of cyber libel and P35 million in damages, including P15 million in exemplary damages to deter similar offenses.
Additionally, Sotto is seeking P20 million in moral damages, citing public ridicule from the film's social media teasers. Cyberlibel, as defined under the Cybercrime Prevention Act, mirrors the Revised Penal Code’s definition but is committed via the internet.
Despite its similarity of definitions, Section 6 of the Cybercrime Prevention Act says that felonies defined under the Revised Penal Code are punished with a penalty one degree higher.